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CALBREATH v. CAPITAL TRANSIT COMPANY

No. 13041.

240 F.2d 621 (1956)

Margaret T. CALBREATH, Individually and as Administratrix of James B. Calbreath, Deceased, Appellant, v. CAPITAL TRANSIT COMPANY, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided December 20, 1956.

Attorney(s) appearing for the Case

Mr. Warren E. Miller, Washington, D. C., for appellant.

Mr. Francis L. Casey, Jr., Washington, D. C., with whom Mr. John J. Sirica, Washington, D. C., was on the brief, for appellee.

Before PRETTYMAN, WILBUR K. MILLER, and WASHINGTON, Circuit Judges.

WASHINGTON, Circuit Judge.

This is an appeal from a judgment directing a verdict for the defendant upon the opening statement of plaintiff's counsel in a suit based on negligence.

We have frequently pointed out that the rule which must guide the courts in such cases is that set forth in Best v. District of Columbia, 1934, 291 U.S. 411, at page 415, 54 S.Ct. 487, 489, 78 L. Ed. 882:

"The opening statement of counsel...

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